HomeMy WebLinkAbout1990-03-13; City Council; 10531; Refuse Collection Revision Curbside Recycling663’ Clr.-bF CARLSBAD - AGENDf ?ILL
SB#-
HTQ. 3/13/90
DEW. U/M
TITLE: REFUSE COLLECTION CONTRACT:
REVISION ALLOWING THREE YEAR TERM
AND PROVISION FOR CURBSIDE RECYCLING
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RECOMMENDED ACTION:
Adopt Resolution No. 90-60 authorizing the Mayor to execute a revised Refuse Collection Contract with Coast Waste Management, Inc., to provide for the operation of a City- wide Curbside Rec able Collection Program: and adopt Resolution No. Vb-6r revising the monthly refuse collection rate to include a recycling service rate.
ITEM EXPLANATION:
On March 14, 1989, the City Council approved a contract with Coast Waste Management, Inc., (Contractor) to operate a six
(6) month Pilot Curbside Recycling project . The project,
involving approximately 1,000 homes (500 in the northwest quadrant, 500 in the southeast quadrant), began on May 1,
1989 to provide curbside collection of recyclables on a weekly basis. Staff monitored and evaluated the project during the six (6) month period, and upon conclusion of the pilot project in November, evaluated the results to determine if city-wide expansion of the recycling program would be cost effective.
After assessing the results of the project, staff concluded that the project was an unqualified success, achieving
household participation rates of 54% on a weekly basis, 78% on a monthly basis, with 264,540 lbs. of recyclables
collected during the pilot project (see Exhibit Itltl).
Based on the success of the program, staff entered into
negotiations with the Contractor in December, 1989, to extend the project City-wide. Negotiations were also undertaken to amend certain portions of the Refuse Collection Contract pertainingto refuse collection services providedtothe City of Carlsbad.
Negotiations have been completed and the proposed contract revises the present refuse collection contract to provide for operation of a Curbside Recyclables Collection program. Resolution No. 9&-& authorizes the Mayor to execute a revised Refuse Collection Contract to allow provision for a Curbside Recycling program. The proposed recycling program is initially directed towards single family households, expanding to multi-family residential, commercial and industrial curbside recyclables collection within the first year of the contract. Implementation of the single-family household program will begin in June, 1990 and phase in over a three month period. Multi-family and Commercial/Industrial programs will be developed in September, 1990 and March,
1991, respectively.
. I
PAGE 2 OF AB# /0,53/
The contract also requires the Contractor to provide the bins necessary to support the Cityls clean-up campaigns and
Christmas Tree Recycling program. In addition, refuse generated at municipal facilities will be collected by the
Contractor at no charge to the City.
The present contract is renewable on a year-to-year basis
with either party providing written notice to terminate 90
days in advance of the anniversary date of September 1.
Staff recommends a three year term for the proposed contract, beginning on March 1, 1990 and ending on February 28, 1993.
Thereafter, the Contract would automatically renew on a year to year basis, with either party having the right to terminate on the anniversary date with 180 days notice. The longer term is recommended in recognition of the $600,000 capital investment required of the Contractor to begin the recycling program and the contractorts assumption of additional refuse collection costs. The proposed contract is further summarized in Exhibit t121t.
During negotiations of the Refuse Collection and Recycling
contract, issues such as billing and collection services, franchise fees and variable rates were discussed. These issues have been resolved and no changes to the Contract related to those areas are recommended.
The Curbsi.de Recycling Pilot Project, has demonstrated that curbside recycling can divert materials from the landfill. Also demonstrated was the fact that revenues received from the sale of recyclables did not offset the cost of collecting
the materials. For example, in the pilot project, the net cost of collection was $1.71 per month/household. Economies of scale which would occur with the City-wide program and refinements in the collection process achieved through negotiation of the contract will result in a proposed $1.00 per month/household net operational cost. Staff recommends that the refuse collection rate be increased $1.00 per month for each residential and commercial refuse collection customer. The refuse collection rate increase will not take effect until June 1, 1990. Resolution No. %-d/ revises the monthly refuse collection rate to include the aforementioned recycling service rate.
Implementation of a curbside recyclables collection program is one of many steps that will be required to implement the recycling component of AB 939, the Integrated Waste Management Act of 1989. The Act specifies that by January
1, 1991, each county must prepare a source reduction and recycling element for its unincorporated areas. By July
1991, each city must prepare, adopt and submit, to the
county, a source reduction and recycling element. A summary of the Integrated Waste Management Act is provided in Exhibit
lt3It. Staff is preparing a work program which will define the
tasks and costs associated with implementation of the Act.
PAGE 3 OF AB# /4/53/
FISCAL IMPACT:
The Contractor's cost of operating the program ($447,000) will be offset by revenues from the sale of recyclables ($195,000) and reduced tipping fees ($53,000) resulting in a net operating cost of $199,000. To offset this cost will require a monthly subsidy of $1.00 per refuse collection customer (See Comparative Rate Study Exhibit 1v411).
The Contractor has agreed to provide, at not cost to the
City, weekly refuse collection services to City facilities and sufficient 40 cubic yard bins to support the annual Clean-up and Christmas Tree Recycling program. This will result in an estimated annual savings of $35,000 to $50,000 for the City.
The proposed contract contains a provision forthe Contractor to request a rate increase in proportion to increases in the cost of delivering services, i.e. disposal site fees, fuel and labor. It is anticipated that an additional collection fee increase may be required due to increased disposal site fees : a) Previously, the landfill did not utilize scales to determine weight related disposal fees. The weight determination was based on the size (capacity) of the refuse truck. It is believed that the estimated weight may have been as much as one-third below actual weight. The installation of scales at the landfill will result in increased fees due to improved accuracy of the weight assessment.
b) Tipping fees were increased from $10.50/ton to
$13.50/ton in September 1989 and the Contractor did
not request a rate increase.
County staff is recommending that landfill tipping fees again
be increased from $13.50/ton to $18.00/ton, effective July 1, 1990. Should this increase occur, the Contractor will have experienced a $7.50/ton (71%) increase in landfill tipping fees in less than 12 months. It is very likely that
the Contractor will request a rate increase to offset most or all of these increases.
Finally, implementation of AB 939 and continued administration of its provisions may result in a recommendation for an increase in the collection fee of as much as $1.00 per customer, per month. A one dollar a month
increase in the collection fee generates approximately $190,000 annually.
PAGE 4 OF AB# 1 qs3/
Thus, the Curbside Recycling program, tipping fee increases and AB 939 may increase the residential refuse collection
rate from $7.60/month to $ll.OO/month over the next twelve
months.
EXHIBITS :
1.
2. Summary of Proposed Refuse Collection and Recycling
3. Summary of Integrated Waste Management Act.
4. Refuse collection rates and services survey.
5. Resolution No. 70-60 authorizing the Mayor to execute
6.
7. Resolution No. 9@-(6/ revising refuse collection rates
Results of Pilot Curbside Recycling project.
Contract .
a revised Refuse Collection contract. Revised Refuse Collection and Recycling Contract.
to include a recycling services rate.
January 1, 1990
Exhibit "1"
TO: CITY MAWACER
FROM: Utilities C Maintenance Director ?
Attached is the status report concerning the 1989 Carlsbad
Recycling Pilot Project for the months of May through October. The program is expected to continue through a nine month period or until the city-wide curbside recycling program is implemented.
In summary:
0 264,540 lbs. of recyclable8 were collected
0 The
0 The
0 The
0 The
total reported gross expenses were $19,062.79
total reported revenues were $8,246.56
total reported net expenses were $10,816.23
net cost per eligible household per month was $1.71
Materials collected from single family houireholds included aluminum, glass, newupaper and plastic. Costs per household for a city-wide program will be similar: the economyls of scale will help to negate some of the additional expenditures required for the
city-wide program's implemantation.
RALPH Am-
RWA/DM/lUa
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PROPOSED
CONTRACTOR
SERVICE
TERM
SERVICE FEES
ADDITIONAL
SERVICES
EXHIBIT "2 "
SUMMARY REFUSE COLLECTION AND RECYCLING CONTRACT
Coast Waste Management, Inc.
Weekly collection and disposal of refuse and
weekly collections and marketing of
recyclables. Recyclables collected include,
but are not limited to, aluminum and metal
cans, glass, PET and HDPE bottles, newsprint,
paper and cardboard.
Three (3) years beginning March 1, 1990 and
ending February 28, 1993, automatically renewable year to year, thereafter, with either
party able to terminate on the anniversary date
with 180 days written notice.
Refuse collection rates remain the same as
adopted by the City Council December, 1988.
A rate increase of $1.00 per customer/month is
proposed to offset the cost of operating the
recyclables collection program. As a result
of the recycling rate, the monthly refuse
collection rate will increase from $7.60 to $8.60 for residential customers and a
commensurate amount for commercial customers.
The Contractor and City agree to develop a rate indexing system to provide a mechanism to
authorize requests for rate increases and
evaluate requested rate increases. Such index
is to be developed by August 31, 1990.
Two percent (2%) of gross receipts from refuse
collection services to offset city's cost of
billing and administration of contract.
Contractor will at no cost to the City:
1. Collect and dispose of refuse generated
by City facilities.
2. Collect recyclables from City facilities.
3. Provide sufficient 40 cubic yard bins to
support Annual Clean-up campaigns.
4. Provide sufficient 40 cubic yard bins to
support Christmas Tree Recycling program.
MISCELLANEOUS Technical revisions to the present contract
were made relating to the Immigration Reform
Act, Insurance and Indemnity.
. Exhibit "3"
INTEGRATED WABTE MANAGEMENT ACT
1. The Act replaces the current part-time California Waste
Management Board (CWMB) with a six-member, full-time California Integrated Waste Management Board (CIWMB) consisting of:
0 one member, appointed by the Governor, with private-
sector, solid waste industry experience:
e one member, appointed by the Governor, who has been an
official of a nonprofit organization promoting recycling and environmental protection:
two members appointed by the Governor who represent the public:
0 two other members representing the public -- one each
appointed by the Senate Rules Committee and by the Speaker of the Assembly.
AB 939 also institutes strict conflict-of-interest restrictions
governing Board members' income sources, Board actions, and ex- parte communications.
2. The Act requires that each county establish a task force to coordinate city source reduction and recycling activities for inclusion in countrywide integrated waste management plans.
3. By January 1, 1991, each county must prepare a source reduction and recycling element for its unincorporated areas.
By July 1, 1991, each city must prepare, adopt, and submit to the county a source reduction and recycling element. The elements must include the following components:
waste characterization study: source reduction component:
recycling component: composting component: solid waste capacity component: public information component; funding component: special waste component: and, household hazardous waste component
. * Exhibit "3"
INTE GRATED WASTE MANAGEMENT ACT
SOMMARY
4. Each county must prepare a countywide siting element specifying areas for disposal or transformation sites needed for the ensuing 15 years, to provide for residual wastes which cannot be diverted through source reduction, recycling, and composting.
5. Each county must prepare, adopt and submit to the State Board
an integrated waste management plan which includes the city and county elements for source reduction and recycling and the countywide siting element.
The Act establishes a statewide hierarchy for integrated waste management, using the priorities of (1) source reduction, (2) recycling and composting, and (3) environmentally safe land disposal and transformation (at the discretion of local
governments) .
6.
Cities and countries are required to divert 25 percent of solid waste from landfills through source reduction, recycling
and composting by January 1, 1995. By January 1, 2000, a 50 percent diversion is mandated. Alternative goals may be allowed by the Board where the 50 percent goal is proven not to be feasible.
7. The Board must approve or disapprove a plan within 120 days of receipt. If a plan is disapproved, the local jurisdiction must make corrections within 120 days. The Board may impose administrative civil penalties of up to $10,000 per day for
failure to submit an adequate plan.
8. The preparation and implementation of local plans are to be funded by fees imposed by local jurisdictions on generators of solid waste.
9. The Board must adopt minimum statewide standards for solid waste handling and disposal.
10. The existing comprehensive system of permits, inspection and site cleanup and maintenance for all solid waste facilities in the state is strengthened through increase Board regulation and guidance.
Exhibit "3"
11. Funding for programs of the new Board (including those in SB
1322) will be accomplished through a landfill surcharge set
at 50 cents per ton beginning January 1, 1990, and increasing to a maximum of $1 per ton after January 1, 1991.
* SOURCE: CALIFORNIA WASTE' MMIAaBMENT BOARD
9 .
Exhibit "3"
JAN. 1, 1990 - STATE BOARD TO PREPARE AND ADOPT EMERGENCY
REGULATIONS WITH RECOMMENDATIONS THAT TELL CITIES AND COUNTIES HOW TO ACHIEVE DIVERSION - STATE BOARD TO BEGIN FEE ASSESSMENTS @ $0.50 PER TON.
MAR. 1, 1990 - COUNTY AND CITIES MUST DEVELOP A TASK FORCE TO
COORDINATE AND DEVELOP Integrated Waste Management plans, including a county wide siting element. A
Task force is to be reconvened every 5 years.
JAN. 1, 1991 COUNTY MUST PREPARE AND ADOPT A SOURCE REDUCTION AND RECYCLING ELEMENT FOR UNINCORPORATED AREAS. Board makes determination 120 days after receipt.* - BOARD TO SUBMIT TO THE GOVERNOR A REPORT AND MODEL LEGISLATION TO IMPLEMENT A DISPOSAL COST FEE ON PRODUCTS - STATE WATER BOARD TO SUBMIT A REPORT TO THE LEGISLATURE CONCERNING HAZARDOUS WASTE/ SOLID WASTE SITING AND WATER QUALITY PROTECTION
JUL 1, 1991 - CITIES MUST PREPARE AND ADOPT A SOURCE REDUCTION AND RECYCLING Em, AND SUBMIT IT TO THE COUNTY. Board makes determination 120 days after receipt.*
AUG. 1, 199 1 - BOARD TO PREPARE AND ADOPT CERTIFICATION REGULATIONS FOR LEA'S
AUG. 1, 1992 - LEA CERTIFICATION REQUIREMENTS MUST BE MET
JAN. 1, 1994 - SUBMISSION OF ALL CITY AND UNINCORPORATED AREA ELEMENTS, INTEGRATED WASTE MANAGEMENT PLANS, AND THE
TASK FORCE SUMMARY TO THE STATE INTEGRATED WASTE MANAGEMENT BOARD BY COUNTIES WITH MORE THAN 8 YRS.
CAPACITY *
JAN. 1, 1995 - PLAN ELEMENTS MAY NOT INCLUDE MORE THAN 10% OF - 25% DIVERSION F'ROM LANDFILL AND TRANSFORMATION BY
- ALTERNATES TO THE 50% REQUIREMENT MAY BE REQUESTED
REDUCTION BY TRANSFORMATION.
SOURCE REDUCTION, RECYCLING AND COMPOSTING
JAN. 1, 2000 - 50% DIVERSION FROM LAND FILL AND TRANSFORMATION BY SOURCE REDUCTION, RECYCLING AND COMPOSTING IS
REQUIRED
.
EXHlBIT "4"
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RESOLUTION NO. 90-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO
INCLUDING A CURBSIDE RECYCLING PROGRAM, WITH
COAST WASTE MANAGEMENT, INCORPORATED
EXECUTE A REVISED REFUSE COLLECTION CONTRACT,
WHEREAS, on February 7, 1989, the City Council
approved a voluntary pilot curbside recycling program for the
City of Carlsbad; and
WHEREAS, on March 14, 1989, the City Council awarded
a contract to Coast Waste Management, Incorporated to operate
the pilot recycling project; and
WHEREAS, the Pilot Curbside Recycling Project has
been successfully concluded; and
WHEREAS, the City of Carlsbad and Coast Waste
Management, Incorporated now desire to revise the Refuse
Collection contract to provide for the operation of a city-
wide curbside recycling program.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Carlsbad, California that:
1) That the above citations are true and correct.
2) That the Mayor is authorized to execute on
behalf of the City Council, the revised Refuse Collection
Contract which includes provisions for a curbside recycling
program.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the nhday of March, 1990
by the following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None
ABSENT: Council Member Kulchi
( SEAL)
CONTRACT FOR PROVIDING
REFUSE COLLECTION AND CURBSIDE RECYCLING SERVICES
This Contract entered into this day of , 1990
by and between the CITY of Carlsbad, a municipal corporation of the
State of California, hereinafter referred to as the *#CITYt* and Coast
Waste Management, Incorporated, aka Liberty Recycling, a California
corporation, hereinafter referred to as the *IContractor*l.
WITNESSETH:
WHEREAS, the CITY is responsible for the provision of refuse
collection services to promote the safety, health and general welfare
of its citizens and,
WHEREAS, the CITY may contract for such refuse collection
services and,
WHEREAS, the CONTRACTOR is in the business of collecting and
disposing of refuse and is now and can continue to provide the
necessary refuse collection services to the citizens of Carlsbad and,
WHEREAS, the Collector is in the business of collecting and
marketing recyclable goods and is now, and can continue to provide the
necessary collection of aluminum and metal cans, glass jars and
bottles, plastic P.E.T. and HDPE bottles and newspapers from single
family residential and charitable organizations, and
WHEREAS, the Collector is willing to add services to provide for
collection of additional recyclable materials and add services to
provide for collection of recyclable goods from single and multiple
family residences, commercial, industrial and governmental buildings.
WHEREAS, CITY wishes to contract with Contractor for such refuse
collection and recycling services,
THE PARTIES hereto do mutually covenant and agree as follows:
1. The CONTRACTOR as an independent contractor and not an
employee or agent of the CITY, shall furnish all labor, equipment and
materials for and shall make available to all persons residing or doing
business at a location within the CITY limits of the CITY, as it
presently exists or as it exists in the future (customers), the service
of collection and disposal of refuse and collection and marketing of
recyclable goods (service), subject to the terms and conditions of this
Contract.
2. In addition to and separate from the service of collection
and disposal of refuse, the CONTRACTOR agrees to provide curbside
recyclables collection and marketing services subject to the terms and
conditions of the applicable sections of this Contract.
A. The Contractor agrees to furnish all tools, equipment,
apparatus, facilities, labor, services and materials, including
household recyclable containers, and perform all work necessary to
operate in good and workerlike manner, all facets of a pilot curbside
recycling project according to the proposal submitted and accepted as
delineated in this Contract. It is understood and agreed that all said
labor, services, materials, and equipment shall be furnished and said
work performed and completed by the Contractor as an independent
Contractor, subject to the inspection and approval of the CITY acting
through its Utilities and Maintenance Director or designated
representative. The Contractor shall assume all risks for loss of or
damage to tools or equipment owned/rented by the Contractor.
2
B. CONTRACTOR shall implement the curbside recyclables
collection program in accordance with the schedule in Exhibit '@A@@.
C. CONTRACTOR agrees to provide weekly collection of
recyclable materials, including but not limited to, aluminum, glass,
newsprint, paper, cardboard and plastic from all refuse collection
customers.
D. The CONTRACTOR shall furnish said labor, services,
materials and equipment as set forth in this Contract, including the
provision of individual household collection containers.
E. CONTRACTOR agrees to conduct a promotion campaign
prior to the first curbside collection. This promotion will be
sufficient to expose all households in the CITY to information about
the recycling program.
F. CONTRACTOR agrees to accurately record collection data
sufficient to comply with the reporting requirements delineated in
Section 8 of this Contract.
G. CONTRACTOR shall distribute two containers to each
participating household at least three (3) days prior to the first
collection.
H. CONTRACTOR shall conduct on-going promotion duringthe
term of this Contract.
I. CONTRACTOR shall begin the curbside collection of
recyclables from all single family residential customers not later than
July 1, 1990. Recyclables collection for multi-family and commercial/
industrial customers shall be provided in accordance with Section 15,
sub-sections E and F of this Contract.
3
3. TERM: The term of this Contract shall commence on March
1, 1990 and shall continue for three (3) years until February 28, 1993.
It shall renew automatically thereafter year to year subject to the
right of either party to terminate for any reason on the anniversary
date, upon 180 days' written notice, preceding that date. The
COLLECTOR expressly waives any and all rights under Section 4272 of the
Health and Safety Code and agrees that the term will be governed solely
by this Contract.
4. BILLINGS: The CITY shall provide billing services and
normal collection for both the refuse and recycling services for
residential customers who are billed for sewer and/or water services
by the CITY. All other customers shall be billed by the CONTRACTOR.
With thirty (30) days written notice to the CONTRACTOR, the CITY may
determine to have either the CITY or the CONTRACTOR to bill any or all
of the refuse and/or recycling customers. Billing shall be coordinated
with the billing system at such frequency for billing established by
Carlsbad for the collection of water and sewer charges. Provided,
however, that Carlsbad shall have the right to refuse to handle
billings and collections with respect to any accounts which, in the
opinion of Carlsbad, would be difficult or inconvenient to handle
through its system. Collections for past due accounts for refuse
services shall be the COLLECTOR'S responsibility. The CITY may forward
any past due accounts to a collection agency or service for collection
at the discretion of the CITY. Any collection of refuse or recycling
charges resulting from use of such services shall be forwarded to the
CONTRACTOR.
4
All collections for past due accounts for refuse and recycling
services shall be the responsibility of the CONTRACTOR unless the CITY
assumes the entire billing and collection responsibility. The CITY may
forward collection information to customers in the bill at the option
of the CITY.
The CITY'S billing and collection records and books shall be
open to inspection by the Collector. Copies of records shall be
provided at the Collector's expense. The Collector's billing and
collection records and books shall be open to inspection by the CITY.
Copies of records shall be provided at the CITY'S expense.
5. PATES: Coast Waste Management, Inc. agrees to accept from
customers as full and complete compensation for the complete collection
and disposal of refuse including all recyclable materials, the rates
stated in Resolution No. , adopted by the City Council on the -
day of , 1990, on file with the City Clerk and incorporated
herein by reference.
Income from recycling materials, if any, shall not, for the
purposes of this Paragraph, be considered "Compensation for the
complete collection and disposal of refuse."
Coast Waste Management, Inc. will not request a change in
rates prior to the expiration of a one year period from the effective
date of this Contract, except as provided for in Paragraph 6 of this
Contract, said Paragraph 6 relating to TJnusual Cost Increases*#. The
City of Carlsbad recognizes that rates are related in part to the cost
of doing business, including disposal site fees set by the County of
San Diego, the cost of fuel, maintenance, salaries and insurance. An
5
.-
index based on changes to these cost elements will be developed by the
City of Carlsbad by August 31, 1990. This index may be a continuation
of that index provided in Resolution 6460 approved by the City Council
on March 3, 1981. The City Council shall have discretion in approving
or disapproving such requests, but will consider changes in the index
and prevailing rates and scope of services provided in other cities in
San Diego County in arriving at their decision.
6. UNUSUAL COST INCREASES: The parties recognize that from
time to time certain expenses, some of which are enumerated below,
increase at rates substantially in excess of that contemplated by the
parties. The parties further agree that in event that any such
increases should occur, Coast Waste Management, Inc. may apply to City
of Carlsbad for a rate increase in proportion of said unusual expense
increase, i.e. disposal site fees, fuel and labor.
7. SERVICE FEE/REFUSE COLLECTION: The CONTRACTOR agrees to
pay the CITY a sum of money equal to 2% of total gross receipts of fees
collected from customers for residential, commercial and construction
site refuse collection and disposal in the CITY, commencing on
effective date of this Contract.
8. PUARTERLY REPORT REOUIREME": CONTRACTOR will forward to
the Utilities and Maintenance Director, a report on a quarterly basis
in January, April, July and October which will include the following
information concerning the previous three months activities for
construction site, commercial, governmental, industrial and residential
refuse collection:
6
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A. Number of complaints listed by type of complaint;
i.e., litter, missed pickup, quality of service, etc.
B. Average number of customers served per month
categorized as to residential and commercial.
C. Average gross receipts per month, categorized as
residential and commercial.
D. Any significant problems or anticipated future
problems relating to refuse collection in the CITY.
For construction site, commercial, governmental, industrial
and residential recyclables collection:
A. During at least one month of the previous quarter, the
weekly and monthly single family household participation will be
monitored and data recorded on forms provided by the CITY.
B. A quarterly total of lbs./ton of recyclables
collected, by type, from residential curbside collection shall be
compiled on forms provided by the CITY.
C. A quarterly total of lbs/ton of recyclables collected
from all other sources, by type, shall be compiled on forms provided
by the CITY.
D. Total revenues derived from the sale of all recyclable
materials, by type and source, shall be compiled.
9. FREOUENCY OF COLLECTION: The CONTRACTOR shall collect
refuse and recyclables at least once per week from each residential
unit. Refuse and recyclables shall be collected from residential
customers on the same day. The collection schedule, and any changes
thereto shall be submitted to the Utilities and Maintenance Director.
7
Frequency of construction site, governmental, industrial and commercial
refuse and recyclables collection shall be as agreed upon by the
CONTRACTOR and the individual customers.
10. HOURS OF COLLECTION: The CONTRACTOR shall make refuse and
recycling collections in residential areas after 7:OOAM and before
sunset.
11. HOLIDAYS: The following are designated as holidays for
purposes of this Contract:
New Year's Day Labor Day
Memorial Day Thanksgiving
Independence Day Christmas Day
(Customers scheduled for collection on a holiday shall be
serviced on the following day and the balance of the schedule shall be
adjusted accordingly.)
12. DISPOSAL LOCATIONS: The CONTRACTOR shall dispose of all
refuse in a legal manner at a sanitary landfill, transfer station or
other facility, at the direction of the CITY.
13. MARKETING OF RECYCLABLES: The CONTRACTOR shall provide
markets for recyclables. All written Contracts, if any, with the
processors, recyclers or other buyers of recyclable goods shall be
submitted to the CITY.
14. COLLECTION EOUIPMENT: The CONTRACTOR shall provide an
adequate number of vehicles and equipment for refuse and recycling
collection services. Refuse collection truck bodies will be all metal
and watertight. The CONTRACTOR shall paint its name and phone number
on the sides of each refuse collection vehicle, drop body and
8
collection bin in letters at least four inches high. Recycling
collection vehicles, bins, and other equipment shall be marked with a
CITY approved logo applied on in accordance with CITY specifications.
Plastic recycling bins shall also be certified as "made of at least 15%
post consumer and/or post industrial waste."
All vehicles shall be cleaned and washed at least once per week
and will be maintained in an efficient, sanitary condition at all
times. All refuse and recycling collection vehicles must be parked
overnight on CONTRACTOR'S premises. No on-street overnight parking is
authorized.
15. ADDITIONAL SERVICES TO BE PROVIDED BY CONTRACTOR:
A. The CONTRACTOR shall provide at no cost to the CITY,
refuse and recyclables collection services for CITY facilities as
designated by the Utilities and Maintenance Director.
B. The CONTRACTOR shall provide at no cost to the CITY,
40 cubic yard bins, as required, for each of the Clean-up Campaigns in
areas designated by the Utilities and Maintenance Director. Bins are
to be removed by the CONTRACTOR within three (3) days after the end of
each Clean-up Campaign Week.
C. The CONTRACTOR shall provide at no cost to the CITY,
40 cubic yard bins, as required, for the Annual Christmas Tree
Recycling Program. These bins are to be removed by the CONTRACTOR
within three (3) working days after the end of the program.
D. The parties hereto agree to work diligently to
formulate promotional plans and/or advertising to encourage recycling
in the CITY and thereby maximize the mutual benefits of this Contract.
9
. .-
The CITY shall review and approve all such
promotional/advertising material produced by the CONTRACTOR prior to
its dissemination.
E. The CONTRACTOR shall, by September 1, 1990, submit a
plan to implement a multiple family residential recyclables collection
program. The CONTRACTOR shall implement such a collection program not
later than 90 days from the date of approval of the plan by the CITY.
F. The CONTRACTOR shall, by March 1, 1991, submit a plan
to implement a commercial/industrial recyclables collection program.
The CONTRACTOR shall implement such a plan not later than 90 days from
the date of approval of the plan by the CITY.
16. IMPLEMENTATION SCHEDULE: The CONTRACTOR shall implement
the recyclables collection element of this Contract in accordance with
the Schedule shown in Exhibit A of this Contract.
17. STATUTES, ORDINANCES ti RESOLUTIONS: This Contract is
subject to all CITY ordinances and resolutions, both present and
future. To the extent they regulate the subject matter of this
Contract, said CITY ordinances and resolutions shall bind the parties
hereto and shall bind each of the parties hereto and are by this
reference incorporated herein at the time the ordinance and/or
resolution is signed.
This Contract is further subject to pre-emptive laws,
ordinances and/or resolutions of the United States, State of
California, and the subdivisions and agencies thereof. To the extent
that they regulate the subject matter of this Contract, said statutes,
ordinances, and resolutions shall bind the parties hereto and shall
10
bind each of the parties hereto and are by this reference incorporated
herein.
The parties agree to negotiate in good faith to attempt to
alter the terms and provisions of this Contract to meet the spirit and
letter of future legislation by federal, state, and/or local
governments.
In particular, and without limitation on the foregoing, the
CONTRACTOR agrees to work diligently to meet, or enable the CITY to
meet, all conditions and obligations contemplated by Assembly Bill 939,
Chapter 2. This may include, but is not limited to, diligent efforts
by the CONTRACTOR to help the CITY meet the 25% waste stream diversion
goal by 1995. The CONTRACTOR shall assist the CITY to develop programs
and implementation schedules for any of the nine (9) components of the
City Source Reduction and Recycling element.
18. IMMIGRATION REFORM AND CONTROL ACT: The CONTRACTOR shall
be aware of and comply with all Federal, State, County and City
Statutes, Ordinances and Regulations, including Workers' Compensation
laws (Division 4, California Labor Code) and the IIImmigration Reform
and Control Act of 1986Il (SUSC, Sections 1101 through 1525), to include
but not limited to, verifying the eligibility for employment of all
agents, employees, subcontractors and consultants that are included in
this Contract.
19. PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every
provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and included herein, and
if, through mistake or otherwise, any such provision is not inserted,
11
. ^.
or is not correctly inserted, then upon application of either party,
this Contract shall forthwith by physically amended to make such
insertion or correction.
20. WORKERLIKE PERFORMANCE: The CONTRACTOR shall perform all
work in responsible, responsive, sanitary and lawful manner. The
CONTRACTOR will be required to submit verification that employees have
the right to work in the United States of America. The CONTRACTOR
shall, at all times, provide competent, sober, courteous uniformed
personnel, and efficient, clean equipment. All collection personnel
shall wear an identification tag on their exterior clothing. The tag
shall include the CONTRACTOR'S name and the employee name. The
CONTRACTOR agrees to remove any employee for reasonable cause at the
request of the CITY.
21. INDEMNITY: The CONTRACTOR shall assume the defense of , pay
all expenses of defense, and indemnify and hold harmless the CITY, and
its agents, officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly
or indirectly arising from or in connection with the performance of
this Contract or work: or from any failure or alleged failure of the
CONTRACTOR to comply with any applicable law, rules or regulations
including those relating to safety and health; except for loss or
damage which was caused solely by the active negligence of the CITY:
and from any and all claims, loss, damage, injury and liability,
howsoever the same may be caused, resulting directly or indirectly from
the nature of the work covered by this Contract, unless the loss or
damage was caused solely by the active negligence of the CITY. The
expenses of defense include all costs and expenses, including
12
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attorney's fees for litigation, arbitration, or other dispute
resolution method.
22. INSURANCE
A. Without limiting the CONTRACTOR'S indemnification, it
is agreed that the CONTRACTOR shall maintain in force at all times
during the performance of this Contract, a policy or policies of
liability insurance in an amount of at least $1,000,000 combined single
limit covering its operations, including coverage for contractual
liability, and all other liabilities set-forth herein.
B. Contractor's liability insurance policies shall
contain the following clauses:
1. "The City of Carlsbad is added as an additional
insured as respects operations of the named
insured performed under contract with the CITY. I'
2. "It is agreed that any insurance maintained by
the CITY shall apply in excess of and not
contribute with, insurance provided by this
pol icy. 'I
All insurance policies required by this paragraph
shall contain the following clauses:
1. "This insurance shall not be cancelled, limited
or non-renewed until after thirty (30) days
written notice has been given to the CITY.''
2. "The insurer waives any rights of subrogation it
has or may have, against the CITY or any of its
officers or employees.11
13
Certificates of insurance evidencing the coverages
required by the clauses set forth above shall be filed with the City
Clerk and the Risk Manager prior to the effective date of this
Contract.
C. The CONTRACTOR will provide the CITY with a Blanket
Fidelity Bond in the amount of at least $100,000 covering all employees
of the CONTRACTOR.
23. BOOKS, RECORDS AND ACCOUNTING: The CONTRACTOR shall keep
true and accurate records, books and accounts of all business done,
money received, accounts payable and cash disbursements by reason of
its performance of its obligations herein. These records, books and
accounts shall be kept separate from any books or accounts for the
CONTRACTOR'S services and business operations performed outside the
CITY limits. Separate books and accounts shall be maintained for the
refuse collection program and the recycling program. These records,
books and accounts shall be open to inspection and audit by the CITY
at all times.
24. PERMITS L LICENSES: The CONTRACTOR shall maintain all
required City, County and State permit(s) and licenses to operate at
the expense of the CONTRACTOR.
25. ASSIGNMENT: The CONTRACTOR or the CITY may assign or sub-
contract portions ofthe work within this Contract only after obtaining
approval from the City Council.
26. DEFAULT BY CONTRACTOR: In the event the CONTRACTOR fails
for any reason whatsoever to perform any obligations within this entire
Contract, the CITY will give the CONTRACTOR ten (10) days written
notice of default from the CITY. If the CONTRACTOR has not made
14
corrections to the satisfaction of the CITY, the CITY may, at its sole
option terminate this entire Contract or a portion of the Contract for
cause. If the CITY sustains any cost or expense by reason of any
default by the CONTRACTOR, the CONTRACTOR shall pay the amount thereof
to CITY.
27, FAILURE TO COLLECT REFUSE OR RECYCLING MATERIALS: Should
the CONTRACTOR fail to collect and dispose of refuse and recyclables
set out for collection as herein is agreed upon, and fail to correct
such situation within twenty-four (24) hours after receipt of notice
thereof, the CITY may collect and dispose of the refuse or recyclables
and the CONTRACTOR shall be liable for any and all expenses incurred.
28. PERFORMANCE BOND: The CONTRACTOR shall secure a surety
bond in the penal sum of $50,000.00 conditioned upon the faithful
performance of this Contract. The proof of bonding shall be delivered
to CITY and be kept in full force at all times by the CONTRACTOR.
29. CUSTOMER RELATIONS LOG: The CONTRACTOR shall maintain, at
all times, a written log in which all written and verbal
communications, including complaints from customers, shall be recorded
and stored. These records shall be made available to the CITY on
request, together with a record of all written communications received
by CONTRACTOR.
30, INSPECTIONS: All performance, which includes services,
materials, supplies and equipment furnished or utilized in the
performance of this Contract, and workmanship in the performance of
services shall be subject to inspection and approval by the CITY at all
times during the term of this Contract . The CONTRACTOR shall
cooperate with any Inspector assigned by the CITY to permit the
Inspector to determine the CONTRACTOR'S conformity with these
15
specifications and the adequacy of the services being contractually
provided. All inspections by the CITY shall be made in such a manner
as not to unduly interfere with CONTRACTORIS performance.
31. HARDSHIP CASES : The CITY reserves the power, by
appropriate ordinance or resolution, together with administrative
regulations, to provide for the omission of refuse collection and
recycling services or fees to certain customers in hardship situations.
The CITY shall have sole authority to determine what circumstances
constitute hardship.
32. EXCLUSIVEIUESS OF CONTRACT: So long as this entire Contract
is in full force and effect, the CITY shall not enter into any Contract
with any other agent for the purpose of performance of any of
CONTRACTOR'S obligations herein, except as provided in the recycling
portions of the Contract.
Tree trimmers, gardeners, contractors, subcontractors, and other
persons operating a separate business, shall be entitled to dispose of
the grass clippings, prunings, and small loads of construction
material, etc., which they generate in their separate businesses, only
when the items can be discarded at the end of each working day and
without the use of refuse bins or equipment.
33. STRIKES: In the event the CONTRACTOR is prevented from
performing any services, or is interrupted in the performance of any
services by reason of any strike or other labor action, the CITY may,
at no cost to the CITY, use the CONTRACTORIS equipment for the purpose
of providing citizens of the CITY refuse collection and recycling
services during the continuance of the strike.
16
The CONTRACTOR shall pay to the CITY a pro rata share of
the fees collected for any period during which CITY provides such
service. The share of fees to be paid shall be determined by the CITY.
34. NOTICES: All notices to either party shall be deemed
received twenty-four (24) hours after their deposit in the United
States mail, postage prepaid, addressed to the Utilities & Maintenance
Department at 2075 Las Palmas Drive, Carlsbad, California 92009, copy
to City Manager at 1200 Elm Avenue, Carlsbad, California 92008, to
CONTRACTOR at 5960 El Camino Real, Carlsbad, California 92009, as is
applicable.
35. ARBITRATION: Any disagreement between the parties
involving the construction or application of any of the terms,
covenants, or conditions of this Contract, may, upon the written
request of one party served to the other be submitted for arbitration.
Any actions of arbitration shall comply with, and be governed by, the
provisions of the California Arbitration Act, Sections 1280 through
1294.2 of the California Code of Civil Procedure.
All cost of arbitration shall be borne by the losing party or
in such proportions as the arbitrator shall decide.
36. ATTORNEY FEES: In addition to the provisions above, if
legal action or arbitration is required to enforce the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney
fees.
37. VERBAL AGREEMENT OR CONVERSATION: No verbal agreement or
conversation with any officer, agent or employee of the CITY, either
before, during or after the execution of this Contract, shall affect
or modify any of the terms or obligations herein contained, nor such
verbal agreement or conversation entitle the CONTRACTOR to any
additional payment whatsoever under the terms of this Contract.
17
38. NOVATION: The parties to this Contract agree that this
Contract supercedes and recinds that Refuse Collection Services
Agreement between the parties dated September 16, 1980.
CITY OF CARLSBAD
APPROVED :
VINCENT F. BIONDO, JR.
City Attorney
By:
CLAUDE A. LEWIS, Mayor
COAST WASTE MANAGEMENT, INC.
By:
President
By: Secretary
18
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RESOLUTION NO. 90-61
A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA,
REVISING THE MONTHLY REFUSE COLLECTION RATE TO INCLUDE A RECYCLING SERVICE RATE
FOR THE CITY OF CARLSBAD
WHEREAS, the City of Carlsbad has contracted with Coast
Waste Management, Inc. for refuse collection services within
the City; and
WHEREAS, the City adopted Resolution No. 88-423
establishing rates for refuse collection services; and
WHEREAS, the City and Coast Waste Management have
determined to initiate a curbside recyclables collection
program serving residential and commercial customers; and
WHEREAS, the City has determined that the cost of a
weekly curbside recyclables collection program; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the rate for once-a-week collection of
residential refuse and recyclables shall be a monthly charge
of $8.60, an increase of $1.00.
3. That the rate for once-a-week on premise collection
of residential refuse and recyclables shall be a monthly
charge of $10.77, an increase of $1.00.
4. That the monthly rates to be charged for commercial
refuse and recyclables collection shall be:
///
///
///
///
. . I1
1
2
c
NUMBER OF PICKUPS PER WEEK
No.
of
Bins - 1 - 2 - 3 - 4 - 5 - 6
9
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311 $48.95 $78.57 $108.20 $137.81 $167.44 $197.06
5. That the monthly charge for apartment and
condominium refuse and recyclables collection shall be:
4 5 11
19
20
21
COMMERCIAL CAN STOPS
I
1 x Week $16.60/Month
2 x Week 32.18/Month
3 x Week 47.77/Month 4 x Week 6 3.3 5/Month
5 x Week 78.94/Month
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25
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(The above rates include the applicable dump fees).
Demurrage charges on drag-on boxes shall be $3.00 per day
in the event the drag-on box is not dumped a minimum of one
time a week. Customers requiring more than one dump from a
drag-on box shall receive a refund of the original $27.50
///
///
11
12
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No. of Units
1-3 $8.60/Month per unit
4-5 8.09/Month per unit
6 or more 7.86/Month per unit
6. That the following rates shall apply to special 14
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pickups of refuse:
a) Drag-on box service shall be charged at the
rate of $27.50 delivery charge per box. The following dump
charges apply to the following classes of drag-on boxes.
A. (19 cu. yds. or less)$142.32
B. (20-29 CU. yds.) 161.32
C. (30-39 CU. yds.) 180.12
D. (40-49 CU. yds.) 196.56
2
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delivery fee, this refund may be in the form of a credit
against the customers account with the refuse collector.
b) Special pick-ups of items such as water
heaters, washers, dryer, etc. shall be individually negotiated
at a reasonable rate between collector and customer. Before
any pick-up of such items is made, customer shall be notified
of charges.
7. That the commercial rates established hereby shall
be effective June 1, 1990.
8. That the residential rates established hereby shall
be effective June 1, 1990.
9. Should the City or Coast Waste Management receive
any loans or grants of funds which would offset all or a
portion of the costs of the recyclables collection program,
as identified in Exhibit llA1l of this Resolution, the monthly
rates established herein for refuse and recyclables collection
shall be reduced in accordance with the schedule in Exhibit
IIAII .
10. That the rates and charges established by this
Resolution shall on their effective day supersede the rates
previously established.
///
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
13th day of March , 1990, and by the following vote,
to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: kme
ABSENT: Council Member Kulchin
ATTEST:
@THAd.&U@hKRANZ, City Clerk
KAREN R. KUNDTZ, Deputy City Clerk
(SEAL)
I- - EXHIBIT "A"
CARLSBAD CURBSIDE RECYCLING PROJECTION
(No on site processing of Materials)
EXPENSES TOTAL ANNUAL
Labor, Collection
Processing
Hauling
Operating & Main tenanca
Administrative
Off site processing & hauling
Collection Trucks, 5 Rolloff Truck & Trailer setup-1 set @1/2 use
Rolloff Containers, New, 5
Loader, (@ 112 use)
Leasehold Improvements
Promotional Costs
Curbside Containers 2x16000
CAPITAL EXPENDITURES
TOTAL EXPENSES
INCOME
Mixed AL, Tin, PET, HDPE Containers 251.2/T
Glass Bottles 874.8 tons
Newspaper 2956.1 tons
TOTAL INCOME
NET INCOME OR (LOSS)
LESS: LANDFILL DISPOSAL FEES
(4082.1 TONS)
NET PROGRAM COST
COST
0 128,J 10
9,100
5,841
38,740
45,516
50,360
97,580
11,349
5,088
8,480
7,827
5,218
33,396
5446,005
102,369
62,985
29,561
$194,915
(9291,890)
$53,067
(%198,823)
12/28/89
RES1 DENT
COST/MONTH
0.65
0.05
0.03
0.20
0.23
0.25
0.49
0.06
0.03
0.04
0.04
0.03
0.17
2.26
0.52
0.32
0.15
0.98
(1.27)
0.27
($1.00)